Disability Discrimination Act (Hansard, 17 November 2003)

§ 1. Mr. Anthony D. Wright (Great Yarmouth)
If he will make a statement on the effect of changes to the Disability Discrimination Act 1995. [138633]

§ The Parliamentary Under-Secretary of State for Work and Pensions (Maria Eagle)
By ending the small employer exemption and extending the employment provisions to more occupations in October 2004, we will bring 1 million more employers and 7 million more jobs within the scope of the Disability Discrimination Act. From the same date, the new duties requiring service providers to tackle physical barriers to access will increase accessibility to services for the 8.6 million disabled people in this country. I hope that the changes, 466 which are designed to facilitate greater participation by disabled people in all walks of life, will be welcomed by hon. Members on both sides of the House.

§ Mr. Wright
I thank my hon. Friend for that answer. Although it is recognised that the Government have done more to help disabled people than any previous Government, it is quite clear that such people still come up against barriers. A recent Scope survey found that 45 per cent. of employers reported that they were worried that they could not afford to employ a disabled person and that nearly 20 per cent. would be reluctant to employ such a person because they had not worked with one before. Will she tell us how the changes to the Disability Discrimination Act will resolve those difficulties?

§ Maria Eagle
Legislation sets a framework, and the issues that were highlighted by the Scope survey were more about raising awareness. Many small firms, and even larger firms, are not used to employing disabled people because such people have been excluded from the labour market. The firms make all kinds of assumptions about how difficult that would be, which are not borne out by the facts. May I suggest that small firms in my hon. Friend's constituency contact the Disability Rights Commission in the first instance, which can be done by accessing www.drc-gb.org? The website contains a wealth of advice on how firms can employ disabled people, so they will come to realise that it is not that difficult and that there often is no cost involved in employing them above that which is incurred when employing anyone.

§ Sir Archy Kirkwood (Roxburgh and Berwickshire)
Does the Minister agree that any changes to the Disability Discrimination Act 1995 that might be a feature of the upcoming parliamentary Session would best be done using pre-legislative scrutiny? The Government have made it clear that they are willing to contemplate that, but is the Department yet able to say what form of pre-legislative scrutiny might take place on any disability discrimination Bill that might be introduced in the next Session?

§ Maria Eagle
The hon. Gentleman is trying his best to get me to pre-empt the Queen's Speech, which of course I am far too junior to do. He is right to say that the Government set great store by pre-legislative scrutiny, and the consideration of such changes is especially suitable for such scrutiny. We shall consider that, but I cannot give him more information at present.

§ Mr. Tim Boswell (Daventry)
After our previous exchanges, will the Minister accept that it is still important that if further advances are to be made, legislation must become a reality? It is not just a matter of consultation, desirable as that may be, because the Government must get on and grasp the nettle on some of the details. If the Minister is holding out for pre-legislative scrutiny, will she at least bear in mind the importance of bringing to bear some of the recent reports of the Disability Rights Commission on its 467 experience of the current legislation in action, to ensure that if we wait a long time for legislation, it will be worth having when we get it?

§ Maria Eagle
May I tell the hon. Gentleman, who I faced across the Dispatch Box when he was a Front-Bench spokesman on the matter, that I welcome his support? I hope that the fact that he now sits on the Back Benches when discussing the issue does not imply that there have been any policy changes by his party. I hope that the Conservative Front-Bench spokesmen will support the changes that are being suggested, which are generally well known, especially those that will take place next October. I hope that we will hear an expression of support for the changes from them when they speak. The hon. Member for Daventry (Mr. Boswell) knows of my impatience to get on with this. Consultation is tremendously important when changes are visited on many organisations and small businesses but, at the end of the day, it is implementation that matters.

§ Mr. Tom Clarke (Coatbridge and Chryston)
Is my hon. Friend aware that the Disability Discrimination Act 1995 was a perfectly reasonable piece of legislation for its time, enhanced by this Government's actions, including the introduction of the Disability Rights Commission? Given the worries, which I think we both share, that some small businesses and others are being provoked into thinking that the implementation of the changes will be a huge challenge, will she join me in advising such people to contact the DRC, the Employers Forum on Disability and the national register of access so that they get not only good advice, but advice that does not cost them money unreasonably and does not worry them unnecessarily?

§ Maria Eagle
My right hon. Friend is right to highlight the fact that much excellent free advice is available to all companies, whether they are employers or service providers, on what they need to do to meet their obligations under the changes. Many organisations will offer to charge them for advice, but they should primarily go for the free advice first. Much of the advice is common sense and it is not necessary to pay an enormous amount to get advice that is freely available from the DRC and organisations such as the Employers Forum on Disability, all of which are doing excellent work in that regard. I certainly echo my right hon. Friend's sentiments.

§ Mr. Jonathan Djanogly (Huntingdon)
Many charities and small voluntary organisations will suffer from the legislation. They work from old buildings and need Government help, which they feel they are not receiving. The Minister just passed the buck. What will the Government do to help those organisations?

§ Maria Eagle
I would not agree with the hon. Gentleman's choice of phrase when he says that those who need to meet their obligations to disabled people are suffering as a result. He should not forget that there are 8.5 million disabled people in this country, all of whom would like access to goods, services, facilities and 468 employment opportunities like anyone else. It is about time they had that right and it is not a matter of people suffering to provide it.
The hon. Gentleman should also realise that the law requires reasonable adjustment. There is no question of small organisations or those with few resources being put out of business or put to ridiculous expense. The requirement is reasonableness. That is a matter of common sense and proportionality. Ensuring that people get access to services should be proportionate to the resources available to those who are providing them. If approached positively, the requirements will make a massive difference to the ability of disabled people, for too long excluded from opportunities in society, to participate in society. That must be good for the country as a whole.